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S. B. No. 42 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Gardner, Austria, Schaffer, Buehrer
A BILL
To amend sections 307.204 and 505.266 of the Revised Code to expand the notification requirements pertaining to concentrated animal feeding facilities by requiring applicable county and township officials to be notified regarding proposals for the establishment or certain expansions of any concentrated animal feeding facilities rather than only proposals involving major concentrated animal feeding facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.204 and 505.266 of the Revised Code be amended to read as follows: Sec. 307.204. (A) As used in this section: (1)
"Concentrated animal feeding facility"
and "major concentrated animal
feeding
facility" have has the same
meanings meaning as in section 903.01 of the Revised Code. (2) "Facility" means a proposed new or expanded major
concentrated animal feeding facility. (3) "Improvement" means the construction, modification, or
both
of county infrastructure. (B) A person who proposes to do any either of the following shall
provide written notification as required under division (C) of
this
section to the board of county commissioners of the county
in which
a facility is or is to be located: (1) Establish a new major concentrated animal feeding
facility; (2) Increase the design capacity
of an existing
major concentrated animal feeding facility by ten
per cent or more in excess
of the design capacity set forth in the
current permit for construction or
modification of the facility or
for installation or
modification of the disposal system for manure
at the facility issued under
section 903.02 or
division (J) of
section 6111.03 of the Revised Code, as applicable; (3) Increase the design capacity
of an existing
concentrated animal feeding facility by ten per
cent or more in excess of the
design capacity set forth in the
current permit for construction or
modification of the facility or
for installation or
modification of the disposal system for manure
at the facility issued under
section 903.02 or
division (J) of
section
6111.03 of the Revised Code, as applicable, and to a
design capacity of more than ten
times the number of animals specified in any of the categories in division (H) of section 903.01 of the Revised Code.
(C) The
person
shall notify the board in writing by
certified mail of the proposed
construction or expansion of the
facility and include the
following information: (1) The anticipated travel routes of motor vehicles to and
from
the facility; (2) The anticipated number and weights of motor vehicles
traveling to and
from the facility. (D) At the request of the board, the county engineer may
review
the
written notification and advise the board on both of
the following: (1) Improvements and maintenance of improvements that are
reasonably needed in order to accommodate the impact on county
infrastructure that is anticipated as a result of the facility,
including
increased travel or the types of vehicles on county
roads; (2) The projected costs of the improvements and maintenance. Not later than ten days after receiving the written
notification, the board
may request the
person to
provide
additional reasonable and relevant information regarding
the
impact of the facility on county infrastructure. The person
shall
provide the information not later than ten days after the request
is
made. (E)(1) Not later than thirty days after the initial written
notification is received by the board, the board
shall submit to
the person its recommendations, if any, concerning the
improvements
that will be needed as a result of the facility and
the cost of those improvements. (2) Not later than fifteen days after receipt of the board's
recommendations, the person shall notify the board either that the
person agrees with the recommendations and will implement them or
that the person is submitting reasonable alternative
recommendations or modifications to the board. If the person
agrees with the recommendations, they shall be considered to be
the board's final recommendations. (3) If the board receives alternative recommendations or
modifications under division (E)(2) of this section, the board
shall select final recommendations and submit them to the person
not later
than thirty days after the receipt of the
alternative
recommendations or modifications. (F) The board shall prepare a written, dated statement
certifying that the written notification required under this
section was
submitted and that
final recommendations were selected
regarding needed
improvements and the costs of those improvements.
The board shall
provide the person with the original of the
statement so that the
person can include it with the application
for a permit to install for the
facility as required under
division (C)(4) of section 903.02 of
the Revised Code. The board
shall retain a copy of the
statement for its records. (G) The person shall construct, modify, and maintain or
finance
the construction, modification, and maintenance of
improvements as provided in
the board's final recommendations and
with the
approval and oversight of the county engineer. If the
person fails to do so, the board shall notify the person by
certified mail that the board intends to initiate mediation with
the person if the person remains out of compliance with the final
recommendations. The board shall allow sufficient time for the person
to apply
for and proceed to obtain, for the purpose of financing the
construction, modification, or maintenance of the improvements,
exemptions
from taxation under
sections 5709.63, 5709.632,
5709.73, and 5709.78 of the Revised Code or state or federal
grants that may
be available. If the person remains out of compliance with the final
recommendations, the board may initiate mediation with the person
in order
to resolve the differences between them. If mediation
fails to resolve
the differences, the board and the person first
shall attempt to resolve the
differences
through any legal
remedies before seeking redress through a court of common
pleas. (H) If the person subsequently submits an application under
section 903.02 of the Revised Code for a permit to modify
the
facility, or if the routes of travel to or from the facility
change for any reason other than road construction conducted by
the county, the board or the person may request that additional
information be
provided in writing and
shall proceed as provided
in this section for the notification and
recommendation
proceedings.
Sec. 505.266. (A) As used in this section: (1) "Concentrated animal feeding facility"
and
"major concentrated animal feeding facility" have has the same
meanings meaning as in
section 903.01 of the Revised Code. (2) "Facility" means a proposed new or expanded major
concentrated animal feeding facility. (3) "Improvement" means the construction, modification, or
both
of township infrastructure. (B) A person who proposes to do any either of the following shall
provide written notification as required under division (C) of
this
section to the board of township trustees of the township in
which a facility
is or is to be located: (1) Establish a new major concentrated animal feeding
facility; (2) Increase the design capacity
of an
existing major concentrated animal feeding facility by ten
per cent or
more in excess of the design capacity set forth in the
current permit for
construction or modification of the facility or
for installation
or modification of the disposal system for manure
at the facility issued under
section 903.02 or division (J) of
section 6111.03 of
the Revised Code, as applicable; (3) Increase the design capacity
of an
existing concentrated animal feeding facility by ten per
cent or more in
excess of the design capacity set forth in the
current permit for
construction or modification of the facility or
for installation
or modification of the disposal system for manure
at the facility
issued under section 903.02 or division (J) of
section 6111.03 of
the Revised Code, as applicable, and to a
design capacity of
more
than ten times the number of animals specified in any of the categories in division (M) of section 903.01 of the Revised Code.
(C) The person shall notify the board in writing by
certified
mail of the proposed construction or expansion
of the
facility and include the following information: (1) The anticipated travel routes of motor vehicles to and
from
the facility; (2) The anticipated number and weights of motor vehicles
traveling to and
from the facility. (D) At the request
of the board, the county engineer may
review the written notification and
advise the board on both of
the following: (1) Improvements and maintenance of improvements that are
reasonably needed in order to accommodate the impact on township
infrastructure that is anticipated as a result of the facility,
including
increased travel or the types of vehicles on township
roads; (2) The projected costs of the improvements and maintenance. Not later than ten days after receiving the written
notification, the board
may request the
person to
provide
additional reasonable and relevant information regarding the
impact of the facility on township infrastructure. The person
shall
provide the information not later than ten days after the
request is made. (E)(1) Not later than thirty days after the initial written
notification is received by the board, the board
shall submit to
the person its recommendations, if any, concerning the
improvements
that will be needed as a result of the facility and
the cost of those improvements. (2) Not later than fifteen days after receipt of the board's
recommendations, the person shall notify the board either that the
person
agrees with the recommendations and will implement them or
that the person
is submitting reasonable alternative
recommendations or
modifications to the board. If the person
agrees with the
recommendations, they shall be considered to be
the board's final
recommendations. (3) If the board receives alternative recommendations or
modifications under division (E)(2) of this section, the board
shall select final recommendations and submit them to the person
not later
than thirty days after the receipt of the
alternative
recommendations or modifications. (F) The board shall prepare a written, dated statement
certifying that the written notification required under this
section was
submitted and that
final recommendations were selected
regarding needed
improvements and the costs of those improvements.
The board shall
provide the person with the original of the
statement so that the
person can include it with the application
for a permit to install for the
facility as required under
division (C)(4) of section 903.02 of
the Revised Code. The board
shall retain a copy of the
statement
for its records. (G) The person shall construct, modify, and maintain or
finance
the construction, modification, and maintenance of
improvements as provided in
the board's final recommendations and
with the
approval and oversight of the county engineer. If the
person fails to do so, the board shall notify the person by
certified mail that the board intends to initiate mediation with
the person if the person remains out of compliance with the final
recommendations. The board shall allow sufficient time for the person
to apply
for and proceed to obtain, for the purpose of financing the
construction, modification, or maintenance of the improvements,
exemptions
from taxation under
sections 5709.63, 5709.632,
5709.73, and 5709.78 of the Revised Code or state or federal
grants that may
be available. If the person remains out of compliance with the final
recommendations, the board may initiate mediation with the person
in order
to resolve the differences between them. If mediation
fails to resolve
the differences, the board and the person first
shall attempt to resolve the
differences through any legal
remedies before seeking redress through a court
of common pleas. (H) If the person subsequently submits an application under
section 903.02 of the Revised Code for a permit to modify
the
facility, or if the routes of travel to or from the facility
change for any
reason other than road construction conducted by
the
township, the board or the person may request that additional
information be
provided in writing and shall
proceed as provided
in this section for the notification and recommendation
proceedings.
Section 2. That existing sections 307.204 and 505.266 of the Revised Code are hereby repealed.
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